The Supreme Court ruled 5-4 on Monday against a Louisiana law requiring abortion providers to obtain admitting privileges at nearby hospitals. This decision, written by Justice Stephen Breyer, relies on an unlawful court precedent that has no basis in the Constitution. Even worse, though, are the rules the Supreme Court had to circumvent to strike down the Louisiana law.
To take up a case, the Supreme Court must decide that the plaintiffs have legal standing under Article III. Legal standing requires one of two things: The plaintiff must prove that public rights, or those “owed to the whole community in its social aggregate capacity” have been violated, or the plaintiff must prove that private rights, or those “belonging to individuals, considered as individuals,” have been violated.
